Remedies Flashcards
7 cards from real HI BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Remedies flashcards as text
What is the primary goal of compensatory damages in a contract breach case?
Answer: To place the non-breaching party in the position they would have been in had the contract been performed
Contract compensatory damages aim to protect the expectation interest by placing the non-breaching party in the position they would have occupied had the contract been fully performed.
Under the doctrine of avoidable consequences, a plaintiff seeking damages must:
Answer: Take reasonable steps to mitigate their losses
The mitigation doctrine requires plaintiffs to take reasonable steps to minimize their losses; failure to do so bars recovery for losses that reasonably could have been avoided.
Nominal damages are awarded when:
Answer: A legal right was violated but no actual monetary loss is proven
Nominal damages (e.g., $1) are a token award recognizing that a legal right was technically violated even when the plaintiff cannot prove actual monetary harm.
A liquidated damages clause in a contract is enforceable when:
Answer: Actual damages were difficult to estimate at contracting and the amount is a reasonable forecast of harm
A liquidated damages clause is enforceable when damages were difficult to estimate at contracting and the stipulated amount represents a reasonable forecast of actual harm rather than a penalty.
In Hawaii, punitive damages are available when the defendant's conduct was:
Answer: Willful, wanton, or oppressive
Hawaii permits punitive damages when the defendant's conduct was willful, wanton, or oppressive, demonstrating a conscious disregard for the plaintiff's rights that goes beyond ordinary negligence.
Which of the following is NOT recoverable as compensatory damages in a personal injury action?
Answer: Defendant's profits derived from the tort
Compensatory damages cover the plaintiff's actual losses (medical expenses, lost wages, pain and suffering); recovery of the defendant's profits is an equitable/restitutionary remedy, not compensatory damages.
Under Hadley v. Baxendale, consequential damages in contract cases are limited to losses that:
Answer: Were foreseeable as a probable result of breach at the time of contracting
Hadley v. Baxendale limits consequential damages to those reasonably foreseeable as a probable consequence of breach at the time the contract was made, not at the time of breach.